Beverly Hills Municipal Code Art. 36 Minor Accommodations to Certain Development Standards

Notwithstanding any other provision of this chapter, upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may issue a minor accommodation to the following development standards as provided within this chapter:

A. Section 10-3-100, definition of "floor area", regarding floor area for ground floor commercial uses.

B. Subsection 10-3-1655A regarding restricted uses in pedestrian oriented areas.

C. Sections 10-3-2422, 10-3-2518, and 10-3-2618 regarding front yard paving in R-1 zones.

D. Section 10-3-2733 regarding off site parking.

E. Sections 10-3-1952 and 10-3-1953 regarding transitional setbacks.

F. Section 10-3-2416 regarding below grade driveways in the front yard setback.

G. Section 10-3-2020 regarding architectural features, building lines and open space requirements in the C-5 zone.

H. Repealed.

I. Subsections 10-3-2406C and 10-3-2506B regarding side setback extensions.

J. Sections 10-3-2413 and 10-3-2414 regarding the height of accessory structures.

K. Subsection 10-3-4101B regarding the addition of awnings, canopies and signs that encroach into a required yard of a building occupied by a nonconforming use.

L. Subsection 10-3-1956C regarding general operational requirements in commercial-residential transition areas.

M. Subsection 10-3-2516D regarding fences in front and street side yards in the Hillside Area.

N. Subsection 10-3-1953B regarding walls required along rear and side property lines separating residential and nonresidential sites.

O. Subsection 10-3-2730.2K regarding protective devices in parking lots and other motor vehicle use areas.

P. Subsection 10-3-2730B16 regarding parking requirements for medical laboratories.

Q. Subsection 10-3-1953A regarding walls required along property lines abutting an alley separating residential and nonresidential uses.

R. Section 10-3-4506 regarding over the air reception devices.

S. Section 10-3-4515 regarding amateur radio station antenna facilities.

T. Subsections 10-3-2409N, 10-3-2509K, and 10-3-2610K regarding elevator encroachments into a side or rear setback in R-1 zones.

U. Section 10-3-5000 regarding accessory dwelling unit development standards. (Ord. 89-O-2081, eff. 12-7-1989; amd. Ord. 90-O-2107, eff. 12-21-1990; Ord. 90-O-2109, eff. 12-21-1990; Ord. 94-O-2193, eff. 3-4-1994; Ord. 95-O-2239, eff. 7-7-1995; Ord. 96-O-2266, eff. 10-18-1996; Ord. 96-O-2267, eff. 10-18-1996; Ord. 96-O-2270, eff. 11-27-1996; Ord. 96-O-2271, eff. 12-27-1996; Ord. 96-O-2272, eff. 1-9-1997; Ord. 98-O-2293, eff. 4-17-1998; Ord. 99-O-2333, eff. 10-15-1999; Ord. 02-O-2391, eff. 3-8-2002; Ord. 02-O-2395, eff. 4-5-2002; Ord. 03-O-2431, eff. 11-21-2003; Ord. 05-O-2461, eff. 3-18-2005; Ord. 09-O-2563, eff. 2-22-2009; Ord. 17-O-2723, eff. 2-10-2017; Ord. 24-O-2892, eff. 4-18-2024)

A. Unless specified, the reviewing authority for a minor accommodation shall be the director of community development. If, in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority for such minor accommodation application and shall conduct a noticed public hearing regarding the requested minor accommodation.

B. Notwithstanding subsection A of this section, the minor accommodation specified by subsection 10-3-3600C of this chapter, regarding front yard paving as specified in subsection 10-3-2422I of this chapter for the Central Area of the city, the reviewing authority shall be the director of community development. If in the opinion of the director an application merits review by the design review commission, the director may refer such application to the design review commission. If the application for a minor accommodation pursuant to subsection 10-3-3600C of this chapter accompanies an application for any other type of discretionary approval from the planning commission for the same project site, the planning commission shall be the reviewing authority for the application for the minor accommodation and shall conduct a noticed public hearing regarding the requested minor accommodation.

If the application for a minor accommodation pursuant to subsection 10-3-3600C of this chapter accompanies an application for any other type of discretionary approval from the city council for the same project site, the city council shall be the reviewing authority for the application for the minor accommodation and shall conduct a noticed public hearing regarding the requested minor accommodation. (Ord. 09-O-2566, eff. 6-27-2009)

A. Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 14-O-2661, eff. 6-20-2014)

In granting a minor accommodation, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required for such accommodations. (Ord. 89-O-2081, eff. 12-7-1989; amd. Ord. 95-O-2239, eff. 7-7-1995)

The applicant or any person aggrieved by any decision regarding a minor accommodation by a reviewing authority other than the city council may appeal to the city council as provided in title 1, chapter 4, article 1 of this code. (Ord. 89-O-2081, eff. 12-7-1989; amd. Ord. 95-O-2239, eff. 7-7-1995)

Unless otherwise provided in the resolution granting a minor accommodation approval, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 02-O-2411, eff. 11-22-2002)